1. “Audiovisual transmission equipment”
means a conference telephone or other electronic device that permits all those
appearing or participating to hear and speak to each other, provided that all
conversation of all parties is audible to all persons present.

2. “Court” means either a general or
limited jurisdiction court.

3. “Party” shall include and apply to such
party’s attorney of record.

4. “Shall” is mandatory and “may” is
permissive.

[Added; effective March 1, 2009; amended effective
February 2, 2010.]

Rule 2. Policy favoring audiovisual transmission equipment appearances.The intent of this rule is to promote
uniformity in the practices and procedures relating to audiovisual transmission
equipment appearances in civil cases. To improve access to the courts and
reduce litigation costs, courts shall permit parties, to the extent feasible,
to appear by audiovisual transmission equipment at appropriate conferences,
hearings, and proceedings in civil cases.

[Added; effective March 1, 2009; amended effective
February 2, 2010.]

Rule 3.Application.This rule applies to all cases except
juvenile and appellate proceedings. In criminal cases, the court may follow the
procedures set forth in these rules or NRS 50.330.

[Added; effective March 1, 2009; amended effective
February 2, 2010.]

Rule 4. Appearance by audiovisual transmission equipment.

1. Circumstances in which appearance by
audiovisual transmission equipment shall be allowed. Except as
provided in subsection 4, parties shall be allowed to appear before a court or
master using audiovisual transmission equipment in the following matters:

(a) Case management conferences, provided the
party has made a good faith effort to meet and confer and has timely served and
filed a case management statement before the conference date;

(b) Trial setting conferences;

(c) Hearings on law and motion, except motions in
limine;

(d) Hearings on discovery motions, except where
the discovery commissioner determines that it is necessary for parties to meet
personally regarding discovery disputes or scheduling matters;

(e) Status conferences, including conferences to
review the status of an arbitration or a mediation;

(f) Hearings to review the dismissal of an
action; and

(g) Any other hearing that is scheduled for not
more than 15 minutes.

2. Required personal appearances.

(a) Except as provided in subsection 3(c), a
personal appearance is required for hearings, conferences, and proceedings not
listed in subsection 1, including the following:

(1) Trials and hearings at which witnesses
are expected to testify;

(2) Hearings on temporary restraining
orders;

(3) Settlement conferences;

(4) Trial management conferences;

(5) Hearings on motions in limine;

(6) Hearings on petitions to confirm the
sale of property under NRS Title 12; and

(7) Any hearing in which the discovery
commissioner determines that the presence of the parties is necessary to
resolve discovery disputes or scheduling matters.

(b) In addition, except as provided in subsection
3(c), a personal appearance is required for the following persons:

(1) Applicants seeking an ex parte order,
except when the applicant is seeking an order:

(i) For permission to file a
memorandum in excess of the applicable page limits;

(ii) For an extension of time to
serve pleadings;

(iii) To set hearing dates on
alternative writs and orders to show cause; or

(iv) By stipulation of the parties;

(2) Persons ordered to appear to show
cause why sanctions should not be imposed for violation of a court order or a
rule; or

(3) Persons ordered to appear in an order
or citation issued under NRS Title 12.

At the proceedings listed in (1), (2), and (3), parties who
are not required to appear in person under this rule may appear by audiovisual
transmission equipment.

3. Court discretion to modify rule.

(a) In exercising its discretion under this
provision, the court should consider the general policy favoring audiovisual
transmission equipment appearances in civil and criminal cases.

(b) Court may require personal appearances. Upon
a showing of good cause either by motion of a party or upon its own motion, the
court may require a party to appear in person at a hearing, conference, or
proceeding listed in subsection 1 if the court determines on a
hearing-by-hearing basis that a personal appearance would materially assist in
the determination of the proceedings or in the effective management or
resolution of the particular case.

(c) Court may permit appearances by audiovisual
transmission equipment. The court may permit a party to appear
by audiovisual transmission equipment at a hearing, conference, or proceeding
listed in subsection 2 if the court determines that an audiovisual transmission
equipment appearance is appropriate.

4. Need for personal appearance. If,
at any time during a hearing, conference, or proceeding conducted by
audiovisual transmission equipment, the court determines that a personal
appearance is necessary, the court may continue the matter and require a
personal appearance.

5. Notice by party.

(a) A party choosing to appear by audiovisual
transmission equipment at a hearing, conference, or proceeding under this rule
must either:

(1) Place the phrase “Audiovisual
Transmission Equipment Appearance” below the title of the moving, opposing, or
reply papers; or

(2) At least three court days before the
appearance, notify the court and all other parties of the party’s intent to
appear by audiovisual transmission equipment. If the notice is oral, it must be
given either in person or by audiovisual transmission equipment. If the notice
is in writing, it must be given by filing a “Notice of Intent to Appear by
Audiovisual Transmission Equipment” with the court at least three court days
before the appearance and by serving the notice at the same time on all other
parties by personal delivery, fax transmission, express mail, or other means
reasonably calculated to ensure delivery to the parties no later than the close
of the next business day.

(b) If after receiving notice from another party
as provided under subsection 5(a) a party that has not given notice also
decides to appear by audiovisual transmission equipment, the party may do so by
notifying the court and all other parties that have appeared in the action, no
later than noon on the court day before the appearance, of its intent to appear
by audiovisual transmission equipment.

(c) If a party that has given notice that it
intends to appear by audiovisual transmission equipment under subsection 5(a)
subsequently chooses to appear in person, the party must so notify the court
and all other parties that have appeared in the action, by audiovisual
transmission equipment, at least two court days before the appearance.

(d) The court, on a showing of good cause, may
permit a party to appear by audiovisual transmission equipment at a conference,
hearing, or proceeding even if a party has not given the notice required under
subsection 5(a) or (b) and may permit a party to appear in person even if the
party has not given the notice required in subsection 5(c).

6. Notice by court. After
a party has requested an audiovisual transmission equipment appearance under
subsection 5, if the court requires the personal appearance of the party, the
court must give reasonable notice to all parties before the hearing and may
continue the hearing if necessary to accommodate the personal appearance. The
court may direct the court clerk, a court-appointed vendor, a party, or an
attorney to provide the notification.

7. Private vendor; charges for service. A
court may provide teleconferencing for court appearances by entering into a
contract with a private vendor. The contract may provide that the vendor may
charge the party appearing by audiovisual transmission equipment a reasonable
fee, specified in the contract, for its services.

8. Audibility and procedure.

(a) The court must ensure that the statements of
participants are audible to all other participants and the court staff and that
the statements made by a participant are identified as being made by that
participant.

(b) Upon convening a telephonic or audiovisual
proceeding, the judge shall:

(1) Recite the date, time, case name, case
number, names and locations of parties and counsel, and the type of hearing;

(2) Ascertain that all statements of all
parties are audible to all participants;

(3) Give instructions on how the hearing
is to be conducted, including notice that in order to preserve the record
speakers must identify themselves each time they speak.

9. Reporting. All
proceedings involving audiovisual transmission equipment appearances must be
reported to the same extent and in the same manner as if the participants had
appeared in person.

10. Conference call provider. A
court, by local rule, may designate a particular conference call provider that
must be used for audiovisual transmission equipment appearances.

11. Information on audiovisual
transmission equipment appearances. The court must publish a
notice providing parties with the particular information necessary for them to
appear by audiovisual transmission equipment at conferences, hearings, and
proceedings in that court under this rule.

12. Public access. The
right of public access to court proceedings must be preserved in accordance
with law.

1. “Telephonic transmission equipment”
means a conference telephone or other electronic device that permits all those
appearing or participating to hear and speak to one another, provided that all
statements of all parties are audible to all persons present.

2. “Court” means a proceeding before a
judicial officer, magistrate, judge, or master for all criminal proceedings in
the State of Nevada.

3. “Party” shall include the plaintiff,
defendant, petitioner, respondent, applicant, and adverse party and also apply
to such party’s attorney of record.

4. “Witness” shall mean a party or other
person testifying in the court proceeding.

5. “Shall” is mandatory, and “may” is
permissive.

[Added; effective January 1, 2013.]

Rule 2. Policy favoring telephonic transmission equipment appearances.The intent of this rule is to promote
uniformity in the practices and procedures relating to telephonic transmission
appearances. To improve access to the courts and reduce litigation costs,
courts shall permit parties, to the extent feasible, to appear by telephonic
equipment at appropriate proceedings pursuant to these rules.

[Added; effective January 1, 2013.]

Rule 3. Application.These
rules apply to all criminal cases except juvenile and appellate proceedings. A
court may follow the procedures set forth in these rules or in NRS 50.330 or NRS 171.1975.

1. In all criminal proceedings or
hearings, except trial, where a personal appearance is required, a party or a
witness may request to appear by telephonic transmission equipment. Parties may
stipulate to appearance by telephonic transmission equipment, but the
stipulation must be approved by the court.

2. The personal appearance of a party or a
party’s witness is required at trial unless:

(a) The parties stipulate to allow the party or
the party’s witness to appear by telephonic transmission equipment, the
defendant expressly consents to the use of telephonic transmission equipment,
and the court approves the stipulation; or

(b) The court makes an individualized
determination, based on clear and convincing evidence, that the use of
telephonic transmission equipment for a particular witness is necessary and
that all of the other elements of the right of confrontation are preserved.

3. Court discretion to modify rule.

(a) Applicable cases. In exercising
its discretion under this provision, the court should consider the general
policy favoring telephonic transmission equipment appearances in criminal
cases.

(b) Court may require personal appearances. Upon
a showing of good cause either by motion of a party or upon its own motion, the
court may require a party or witness to appear in person at a proceeding listed
in Rule 4(1) if the court determines on a hearing-by-hearing basis that a
personal appearance would materially assist in the resolution of the particular
proceeding or that the quality of the telephonic transmission equipment is
inadequate.

(c) Subsequent personal appearance. If
at any time during a proceeding conducted by telephonic transmission equipment
the court determines that a personal appearance is necessary, the court may
continue the matter and require a personal appearance by the party or witness.

4. Notice by party; opportunity to object.

(a) A party (or a witness for a party) wishing to
appear at a criminal proceeding by telephonic transmission equipment under this
rule shall, not later than 14 days before that proceeding, file a request that
the court allow the party (or a witness for a party) to appear (or testify) at
the proceeding through the use of telephonic transmission equipment. A party
who requests that the court allow a party (or a witness for a party) to appear
(or testify) through the use of telephonic transmission equipment shall provide
written notice of the request to all other parties at or before the time of
filing the request by personal delivery, fax transmission, express mail,
electronic service through the court’s online docketing system, if available,
or by other means reasonably calculated to ensure delivery to the parties no
later than the close of the next business day. Copies of any exhibits that the
party participating by telephonic transmission equipment intends to present at
the proceeding shall be delivered to the court and all other parties at least
by noon on the court day prior to the proceeding.

(b) Not later than 7 days after receiving notice
of a request that the court allow a party (or a witness for a party) to appear
(or testify) at the identified proceeding through the use of telephonic
transmission equipment, any opposing party may file an objection to the
request. If an opposing party fails to file a timely objection to the request,
that party shall be deemed to have consented to the granting of the request. If
an opposing party timely files an objection to the request, the court shall
hold a hearing and shall make specific findings on the facts and circumstances
of the request.

(c) If a party who has requested a telephonic
transmission equipment appearance for the party or a witness subsequently
chooses to appear in person, that party must so notify the court and all other
parties at least 2 days before the appearance.

5. Notice by court. After a
party has requested a telephonic transmission equipment appearance for the
party or a witness, if the court requires the personal appearance of the party
(or a witness for a party), the court must give reasonable notice to all
parties before the proceeding and may continue the proceeding if necessary to
accommodate the personal appearance. The court may direct the court clerk or a
party to provide the notification.

6. Private vendor; charges for service. A
court may provide telephonic transmission equipment for court appearances by
entering into a contract with a private vendor. The contract may provide that
the vendor may charge the party appearing by telephonic transmission equipment
a reasonable fee, specified in the contract, for its services. The court or the
vendor may impose a cancellation fee to a party that orders services and
thereafter cancels them on less than 48 hours’ notice. A court, by local rule,
may designate a particular audiovisual provider that must be used for audiovisual
transmission equipment appearances.

7. Audibility and procedure.

(a) The court must ensure that the statements of
participants are audible to all other participants and the court staff and that
the statements made by a participant are identified as being made by that
participant. The court may require a party to coordinate with a court-appointed
person or persons within a certain time before the proceeding to ensure
the equipment is compatible and operational.

(b) Upon convening a telephonic transmission
proceeding, the court shall:

(1) Recite the date, time, case name, case
number, names and locations of the parties and counsel, and the type of
proceeding;

(2) Ascertain that all statements of all
parties are audible and visible to all participants;

(3) Give instructions on how the
proceeding is to be conducted, including notice if necessary, that in order to
preserve the record, speakers must identify themselves each time they speak;
and

(4) Place the witness under oath and
ensure that the witness is subject to cross-examination.

8. Reporting. All proceedings
involving telephonic transmission equipment appearances must be reported to the
same extent and in the same manner as if the participants had appeared in
person.

9. Information on telephonic transmission
equipment. The court must publish a notice providing parties with
the particular information necessary for them to appear or have a nonparty
witness testify by telephonic transmission equipment at proceedings in that
court under this rule.

10. Public access. The right
of public access to court proceedings must be preserved in accordance with law.

(a) One or more cameras at a location other than
the courtroom that depict the witness in real time so that the parties, their
counsel, the court, and the jury, if any, can see the witness to the same or
greater extent than they would see if the witness was present in the courtroom;
and

(b) One or more cameras in the courtroom that
depict the parties, their counsel, the court, and the jury, if any, in real
time on a screen visible to the witness who is at another location.

2. “Court” means a proceeding before a
judicial officer, magistrate, judge, or master for all criminal proceedings in
the State of Nevada.

3. “Party” shall include the plaintiff,
defendant, petitioner, respondent, applicant, and adverse party and also apply
to such party’s attorney of record.

4. “Witness” shall mean a party or other
person testifying in the court proceeding.

5. “Shall” is mandatory, and “may” is
permissive.

[Added; effective January 1, 2013.]

Rule 2. Policy favoring simultaneous audiovisual transmission equipment
appearances.The intent of this
rule is to promote uniformity in the practices and procedures relating to
simultaneous audiovisual transmission appearances. To improve access to the
courts and reduce litigation costs, courts shall permit parties, to the extent
feasible, to appear by simultaneous audiovisual transmission equipment at
appropriate proceedings pursuant to these rules.

[Added; effective January 1, 2013.]

Rule 3. Application.These
rules apply to all criminal cases except juvenile and appellate proceedings. A
court may follow the procedures set forth in these rules or in NRS 50.330 or NRS 171.1975.

1. Except as set forth in Rule 3 and Rule
4(2), a party or witness may request to appear by simultaneous audiovisual
transmission equipment in all other criminal proceedings or hearings where
personal appearance is required. Parties may stipulate to appearance by
simultaneous audiovisual transmission equipment, but the stipulation must be
approved by the court.

2. Except as provided in NRS 50.330, the personal appearance
of a party or a party’s witness is required at trial unless:

(a) The parties stipulate to allow the party or
the party’s witness to appear by simultaneous audiovisual transmission
equipment, the defendant expressly consents to the use of simultaneous
audiovisual transmission equipment, and the court approves the stipulation; or

(b) The court makes an individualized
determination, based on clear and convincing evidence, that the use of
simultaneous audiovisual transmission equipment for a particular witness is
necessary and that all of the other elements of the right of confrontation are
preserved.

3. Court discretion to modify rule.

(a) Applicable cases. In exercising
its discretion under this provision, the court should consider the general
policy favoring simultaneous audiovisual transmission equipment appearances in
criminal cases.

(b) Court may require personal appearances. Upon
a showing of good cause either by motion of a party or upon its own motion, the
court may require a party or witness to appear in person at a proceeding listed
in Rule 4(1) if the court determines on a hearing-by-hearing basis that a
personal appearance would materially assist in the resolution of the particular
proceeding or that the quality of the simultaneous audiovisual transmission
equipment is inadequate.

(c) Subsequent personal appearance. If
at any time during a proceeding conducted by simultaneous audiovisual
transmission equipment the court determines that a personal appearance is
necessary, the court may continue the matter and require a personal appearance
by the party or witness.

4. Notice by party; opportunity to object.

(a) A party (or a witness for a party) wishing to
appear at a criminal proceeding by simultaneous audiovisual transmission
equipment under this rule shall, not later than 10 days before that proceeding,
file a request that the court allow the party (or a witness for a party) to
appear (or testify) at the proceeding through the use of simultaneous
audiovisual transmission equipment. A party who requests that the court allow a
party (or a witness for a party) to appear (or testify) through the use of
simultaneous audiovisual transmission equipment shall provide written notice of
the request to all other parties at or before the time of filing the request by
personal delivery, fax transmission, express mail, electronic service through
the court’s online docketing system, if available, or by other means reasonably
calculated to ensure delivery to the parties no later than the close of the
next business day. Copies of any exhibits that the party participating by
simultaneous audiovisual transmission equipment intends to present at the
proceeding shall be delivered to the court and all other parties at least by
noon on the court day prior to the proceeding.

(b) Not later than 7 days after receiving notice
of a request that the court allow a party (or a witness for a party) to appear
(or testify) at the identified proceeding through the use of simultaneous
audiovisual transmission equipment, any opposing party may file an objection to
the request. If an opposing party fails to file a timely objection to the
request, that party shall be deemed to have consented to the granting of the
request. If an opposing party timely files an objection to the request, the
court shall hold a hearing and shall make specific findings on the facts and
circumstances of the request.

(c) If a party who has requested a simultaneous
audiovisual transmission equipment appearance for the party or a witness
subsequently chooses to appear in person, that party must so notify the court
and all other parties at least 2 days before the appearance.

5. Notice by court. After a
party has requested a simultaneous audiovisual transmission equipment
appearance for the party or a witness, if the court requires the personal
appearance of the party (or a witness for a party), the court must give
reasonable notice to all parties before the proceeding and may continue the
proceeding if necessary to accommodate the personal appearance. The court may
direct the court clerk or a party to provide the notification.

6. Private vendor; charges for service. A
court may provide simultaneous audiovisual transmission equipment for court
appearances by entering into a contract with a private vendor. The contract may
provide that the vendor may charge the party appearing by simultaneous
audiovisual transmission equipment a reasonable fee, specified in the contract,
for its services. The court or the vendor may impose a cancellation fee to a
party that orders services and thereafter cancels them on less than 48 hours’
notice. A court, by local rule, may designate a particular audiovisual provider
that must be used for audiovisual transmission equipment appearances.

7. Procedure.

(a) The court must ensure that the statements of
participants are audible and visible to all other participants and the court
staff and that the statements made by a participant are identified as being
made by that participant. The court may require a party to coordinate with a
court-appointed person or persons within a certain time before the
proceeding to ensure the equipment is compatible and operational.

(1) Recite the date, time, case name, case
number, names and locations of the parties and counsel, and the type of
proceeding;

(2) Ascertain that all statements of all
parties are audible and visible to all participants;

(3) Give instructions on how the
proceeding is to be conducted, including notice if necessary, that in order to
preserve the record, speakers must identify themselves each time they speak;
and

(4) Place the witness under oath and
ensure that the witness is subject to cross-examination.

8. Reporting. All proceedings
involving simultaneous audiovisual transmission equipment appearances must be
reported to the same extent and in the same manner as if the participants had
appeared in person.

9. Information on simultaneous audiovisual
transmission equipment. The court must publish a notice providing
parties with the particular information necessary for them to appear or have a
non-party witness testify by simultaneous audiovisual transmission equipment at
proceedings in that court under this rule.

10. Public access. The right
of public access to court proceedings must be preserved in accordance with law.

1. “Telephonic transmission equipment”
means a conference telephone or other electronic device that permits all those
appearing or participating to hear and speak to one another, provided that all
statements of all parties are audible to all persons present.

2. “Court” means a proceeding before a judicial
officer, judge, master, or commissioner for all civil proceedings in the State
of Nevada.

3. “Party” shall include the plaintiff,
defendant, petitioner, respondent, applicant, adverse party, obligee, or
obligor and also apply to each party’s attorney of record.

4. “Witness” shall mean a party or other
person testifying in the court proceeding.

5. “Shall” is mandatory and “may” is
permissive.

[Added; effective July 1, 2013.]

Rule 2. Policy favoring telephonic transmission equipment appearances.The intent of this rule is to promote
uniformity in the practices and procedures relating to telephonic transmission
equipment appearances. To improve access to the courts and reduce litigation
costs, courts shall permit parties, to the extent feasible, to appear by
telephonic transmission equipment at appropriate proceedings pursuant to these
rules.

[Added; effective July 1, 2013.]

Rule 3. Application.These
rules apply to all civil cases and family court proceedings pursuant to Chapters 122 through 130 of the Nevada Revised Statutes.

[Added; effective July 1, 2013.]

Rule 4. Appearance by telephonic transmission equipment.

1. Circumstances in which appearance by
telephonic transmission equipment shall be allowed. Except as provided in Rule
4(3), parties shall be allowed to appear before a judicial officer or judge,
master, commissioner, or special master using telephonic transmission equipment
in the following matters:

(a) Case management conferences, provided the
party has made a good faith effort to meet and confer and has timely served and
filed a case management statement before the conference date;

(b) Trial setting conferences;

(c) Hearings on law and motion, except motions in
limine;

(d) Hearings on discovery motions, except where
the hearing master determines that it is necessary for parties or attorneys to
meet personally regarding discovery disputes or scheduling matters;

(e) Status conferences, including conferences to
review the status of an arbitration or a mediation;

(f) Hearings to review the dismissal of an
action;

(g) Any other hearing that is scheduled for not
more than 15 minutes; and

(h) Any matters stipulated to by the parties and
approved by the court.

2. All other matters require personal
appearances or appearances by use of simultaneous audiovisual transmission
equipment.

3. Court discretion to modify rule.

(a) Applicable cases. In exercising
its discretion under this provision, the court should consider the general
policy favoring telephonic transmission equipment.

(b) Court may require personal appearances. Upon
a showing of good cause either by motion of a party or upon its own motion, the
court may require a party or witness to appear in person at a proceeding listed
in Rule 4(1) if the court determines on a hearing-by-hearing basis that a
personal appearance would materially assist in the resolution of the particular
proceeding or that the quality of the telephonic transmission equipment is
inadequate.

4. Need for personal appearance. If,
at any time during a proceeding conducted by telephonic transmission equipment,
the court determines that a personal appearance is necessary, the court may
continue the matter and require a personal appearance by a party or witness.

5. Notice by party.

(a) A party choosing to appear by telephonic
transmission equipment at a proceeding under this rule must either:

(1) Place the phrase “Telephonic Transmission
Equipment Appearance” below the title of the moving, opposing, or reply papers;
or

(2) At least 5 court days before the
appearance, notify the court and all other parties of the party’s intent to
appear by telephonic transmission equipment. If the notice is oral, it must be
given either in person or by telephonic transmission equipment. If the notice
is in writing, it must be given by filing a “Notice of Intent to Appear by
Telephonic Transmission Equipment” with the court at least 5 court days before
the appearance and by serving the notice at the same time on all other parties
by personal delivery, fax transmission, express mail, by electronic service
through the court’s online docketing system (if available), or other means
reasonably calculated to ensure delivery to the parties no later than the close
of the next business day. Copies of any exhibits that a party participating
telephonically intends to present at the hearing shall be delivered to the
court and all parties by at least noon on the court day prior to any such
proceeding.

(b) If after receiving notice from another party
as provided under Rule 4(5)(a) a party that has not given notice also decides
to appear by telephonic transmission equipment, the party may do so by
notifying the court and all other parties that have appeared in the action, no
later than noon on the court day before the appearance, of its intent to appear
by telephonic transmission equipment. Copies of any exhibits that the party
intends to present at the hearing shall be delivered to the court and all
parties by at least noon on the court day prior to the scheduled hearing.

(c) If a party that has given notice that it
intends to appear by telephonic transmission equipment under Rule 4(5)(a)
subsequently chooses to appear in person, the party must so notify the court
and all other parties that have appeared in the action by telephonic
transmission equipment at least 2 court days before the appearance.

(d) The court, on a showing of good cause, may
permit a party to appear by telephonic transmission equipment at a proceeding
even if a party has not given the notice required under Rule 4(5)(a) or (b) and
may permit a party to appear in person even if the party has previously given
the notice required in Rule 4(5)(c), provided that the party agrees to pay the
applicable cancellation fee to the court or third-party provider of the
telephonic transmission equipment.

6. Notice by court. After a
party has requested a telephonic transmission equipment appearance under Rule
4(5), if the court requires the personal appearance of the party, the court
must give reasonable notice to all parties before the hearing and may continue
the hearing if necessary to accommodate the personal appearance. The court may
direct the court clerk, a court-appointed vendor, a party, or an attorney to
provide the notification.

7. Private vendor; charges for service. A
court may provide telephonic transmission equipment for court appearances by
entering into a contract with a private vendor. The contract may provide that
the vendor may charge the party appearing by telephonic transmission equipment
a reasonable fee, specified in the contract, for its services. The court or the
vendor may impose a cancellation fee to a party that orders services and
thereafter cancels them on less than 48 hours’ notice. A court, by local rule,
may designate a particular conference call provider that must be used for
telephonic transmission equipment appearances.

8. Audibility and procedure.

(a) The court must ensure that the statements of
participants are audible to all other participants and the court staff and that
the statements made by a participant are identified as being made by that
participant.

(b) Upon convening a telephonic proceeding, the
judge shall:

(1) Recite the date, time, case name, case
number, names and locations of parties and counsel, and the type of hearing;

(2) Ascertain that all statements of all
parties are audible to all participants; and

(3) Give instructions on how the hearing
is to be conducted, including notice that in order to preserve the record,
speakers must identify themselves each time they speak.

9. Reporting. All proceedings
involving telephonic transmission equipment appearances must be reported to the
same extent and in the same manner as if the participants had appeared in
person.

10. Information on telephonic transmission
equipment appearances. The court must publish a notice providing
parties with the particular information necessary for them to appear by telephonic
transmission equipment at proceedings in that court under this rule.

11. Public access. The right
of public access to court proceedings must be preserved in accordance with law.

(a) One or more cameras at a location other than
the courtroom that depict the witness in real time so that the parties, their
counsel (or the government’s counsel), the court, and the jury, if any, can see
the witness to the same or greater extent they would see if the witness was
present in the courtroom; and

(b) One or more cameras in the courtroom that
depict the parties, their counsel (or the government’s counsel), the
prosecutor, the court, and the jury, if any, in real time on a screen visible
to the witness who is at another location.

2. “Court” means a proceeding before a
judicial officer, judge, master, or commissioner for all civil proceedings in
the State of Nevada.

3. “Party” shall include the plaintiff, defendant,
petitioner, respondent, applicant, adverse party, obligee, or obligor and also
apply to such party’s attorney of record.

4. “Witness” shall mean a party or other
person testifying in the court proceeding.

5. “Shall” is mandatory and “may” is permissive.

6. “Good cause” may consist of one or more
of the following factors as determined by the court:

(a) Whether a timely objection has been made to
parties or witnesses appearing through the use of simultaneous audiovisual
transmission equipment;

(b) Whether any undue surprise or prejudice would
result;

(c) The convenience of the parties, counsel, and
the court;

(d) The cost and time savings;

(e) The importance and complexity of the
proceeding;

(f) Whether the proponent has been unable, after
due diligence, to procure the physical presence of a witness;

(g) The convenience to the parties and the
proposed witness, and the cost of producing the witness in relation to the
importance of the offered testimony;

(h) Whether the procedure would allow effective
cross-examination, especially where documents and exhibits available to the
witness may not be available to counsel;

(i) The importance of presenting the testimony of
witnesses in open court, whether the finder of fact may observe the demeanor of
the witness, and where the solemnity of the surroundings will impress upon the
witness the duty to testify truthfully;

(j) Whether the quality of the communication is
sufficient to understand the offered testimony; and

(k) Such other factors as the court may, in each
individual case, determine to be relevant.

[Added; effective July 1, 2013.]

Rule 2. Policy favoring simultaneous audiovisual transmission equipment
appearances.The intent of this
rule is to promote uniformity in the practices and procedures relating to
simultaneous audiovisual transmission equipment appearances. To improve access
to the courts and reduce litigation costs, courts shall permit parties, to the
extent feasible, to appear by simultaneous audiovisual transmission equipment at
appropriate proceedings pursuant to these rules.

[Added; effective July 1, 2013.]

Rule 3. Application.These
rules apply to all civil cases and family court proceedings pursuant to Chapters 122 through 130 of the Nevada Revised Statutes.

1. Appearances by parties or witnesses
through the use of simultaneous audiovisual transmission equipment may be made
as follows:

(a) Trials, hearings at which witnesses are
expected to testify, or hearings on preliminary injunction motions provided
there is good cause as determined by the court in accordance with Rule 1(6);

(b) Settlement conferences;

(c) Trial management conferences;

(d) Hearings on motions in limine;

(e) Any hearing in which a hearing master
determines that the presence of the parties or witnesses is not necessary to resolve
discovery disputes or scheduling matters; and

(f) Any proceeding stipulated to by the parties
and approved by the court in conformity with Nevada
Rule of Civil Procedure 43(a) and other applicable rules or statutes.

2. In addition, except as provided in Rule
4(1), a personal appearance is required for the following persons or parties:

(a) Applicants seeking an ex parte order,
if a hearing is held, unless the applicant is seeking an order:

(1) For permission to file a memorandum in
excess of the applicable page limits;

(2) For an extension of time to serve
pleadings;

(3) To set hearing dates on alternative
writs and orders to show cause; or

(4) By stipulation of the parties;

(b) Persons ordered to appear to show
cause why sanctions should not be imposed for violation of a court order or a
rule; or

(c) Persons ordered to appear in an order or
citation issued under NRS Title 12 or Title 13.

3. Court discretion to modify rule.

(a) Applicable cases. In exercising
its discretion under this provision, the court should consider the general
policy favoring simultaneous audiovisual transmission equipment appearances in
family court proceedings.

(b) Court may require personal appearances. Upon
a showing of good cause either by motion of a party or upon its own motion, the
court may require a party or witness to appear in person at a proceeding listed
in Rule 4(1) or (2) if the court determines on a hearing-by-hearing basis that
a personal appearance would materially assist in the resolution of the
particular proceeding or that the quality of the simultaneous audiovisual
transmission equipment is inadequate.

4. Subsequent personal appearance. If,
at any time during a hearing, conference, or proceeding conducted by
simultaneous audiovisual transmission equipment, the court determines that a
personal appearance is necessary, the court may continue the matter and require
a personal appearance by the party or witness.

5. Notice by party.

(a) A party (or a witness for a party) choosing
to appear by simultaneous audiovisual transmission equipment at a proceeding
under this rule must either:

(1) Place the phrase “Simultaneous
Audiovisual Transmission Equipment Appearance” below the title of the moving,
opposing, or reply papers; or

(2) At least 5 court days before the
appearance, notify the court and all other parties of the party’s intent to
appear by simultaneous audiovisual transmission equipment. If the notice is
oral, it must be given in person. If the notice is in writing, it must be given
by filing a “Notice of Intent to Appear by Simultaneous Audiovisual
Transmission Equipment” with the court at least 5 court days before the
appearance and by serving the notice at the same time on all other parties by
personal delivery, fax transmission, express mail, by electronic service
through the court’s online docketing system (if available), or other means
reasonably calculated to ensure delivery to the parties no later than the close
of the next business day. Copies of any exhibits that a party participating by
simultaneous audiovisual transmission equipment intends to present at the
hearing shall be delivered to the court and all parties by at least noon on the
court day prior to any such proceeding.

(b) If after receiving notice from another party
as provided under Rule 4(5)(a), a party that has not given notice also decides
to appear by simultaneous audiovisual transmission equipment, the party may do
so by notifying the court and all other parties that have appeared in the
action, no later than noon on the court day before the appearance, of its
intent to appear by simultaneous audiovisual transmission equipment. Copies of
any exhibits that the party intends to present at the hearing shall be
delivered to the court and all parties by at least noon on the court day prior
to the scheduled hearing.

(c) If a party that has given notice that it
intends to appear by simultaneous audiovisual transmission equipment under Rule
4(5)(a) subsequently chooses to appear in person, the party must so notify the
court and all other parties that have appeared in the action by simultaneous
audiovisual transmission equipment at least 2 court days before the appearance.

(d) The court, on a showing of good cause, may
permit a party to appear by simultaneous audiovisual transmission equipment at
a proceeding even if a party has not given the notice required under Rule
4(5)(a) or (b) and may permit a party to appear in person even if the party has
given the notice required in Rule 4(5)(a), provided that the party agrees to
pay the applicable cancellation fee to the court or third-party provider of the
simultaneous audiovisual transmission equipment.

6. Notice by court. After a
party has requested a simultaneous audiovisual transmission equipment
appearance for the party or a witness under Rule 4(5)(a) or (b), if the court
requires the personal appearance of the party, the court must give reasonable
notice to all parties before the hearing and may continue the hearing if
necessary to accommodate the personal appearance. The court may direct the
court clerk, a court-appointed vendor, a party, or an attorney to provide the
notification.

7. Private vendor; charges for service. A
court may provide simultaneous audiovisual transmission equipment for court
appearances by entering into a contract with a private vendor. The contract may
provide that the vendor may charge the party appearing by simultaneous
audiovisual transmission equipment a reasonable fee, specified in the contract,
for its services. The court or the vendor may impose a cancellation fee to a
party that orders services and thereafter cancels them on less than 48 hours’
notice. A court, by local rule, may designate a particular audiovisual provider
that must be used for audiovisual transmission equipment appearances.

8. Procedure.

(a) The court must ensure that the statements of
participants are audible and visible to all other participants and the court
staff and that the statements made by a participant are identified as being
made by that participant. The court may require a party to coordinate with a
court-appointed person or persons within a certain time before the
hearing to ensure the equipment is compatible and operational.

(1) Recite the date, time, case name, case
number, names and locations of parties and counsel, and the type of hearing;

(2) Ascertain that all statements of all
parties are audible and visible to all participants;

(3) Give instructions on how the hearing
is to be conducted, including notice if necessary, that in order to preserve
the record, speakers must identify themselves each time they speak; and

(4) Designate a person or persons with
whom the party would coordinate and communicate about system requirements and
compatibility.

9. Reporting. All proceedings
involving simultaneous audiovisual transmission equipment appearances must be
reported to the same extent and in the same manner as if the participants had
appeared in person.

10. Information on simultaneous
audiovisual transmission equipment. The court must publish a
notice providing parties with the particular information necessary for them to
appear or have a non-party witness testify by simultaneous audiovisual
transmission equipment at proceedings in that court under this rule.

11. Public access. The right
of public access to court proceedings must be preserved in accordance with law.